Negotiating Commercial Property Leases.

Emmersons Solicitors Commercial Property Solicitors in Newcastle and Sunderland regularly deals with Lease Reviews, Rent Reviews, and Leases for Business Premises, known as Commercial Property Leases. Listed below are some of the issues we advise upon. Consider the importance of them and how not having the right advice could prejudice your interests;

Break Clauses

These enable the tenant to end the lease early at pre-agreed times. The tenant may wish to maximise the number of break clauses so as to ensure more flexibility and the ability to end the lease if the tenant’s business circumstances should change. The landlord may wish to limit the break clauses so as to ensure the property remains let.

The Commercial Property Market

If there are lots of commercial premises available to lease, the tenant may be able to obtain a lease on more favourable terms. Conversely, if there are few commercial premises available, the landlord will be in better a position to dictate terms.

Legal Fees

Each party may pay their own fees, or it may be agreed that one party is responsible for all of the fees. The state of the commercial property market together with the popularity of the premises may influence this issue.

Length of the Lease

This may be influenced by the location and desirability of the premises, but it is a matter for negotiation between the landlord and the tenant. Tenants will need to take into account their business needs and financial circumstances.

Rent

It is crucial that the amount of rent payable is agreed at the outset. Some landlords may charge VAT on rent. Stamp Duty may also be payable, depending on the length of the lease and the amount of rent.

Rent Deposit

Landlords may demand 3 to 6 months’ rent deposit. A larger rent deposit is more likely to be needed if a tenant does not have strong finances or references.

Rent Reviews

The landlord’s ability to increase the rent at future times will impact greatly upon the tenant. The tenant may wish to limit the landlord’s right to review rents, but having no rent reviews is unlikely except in short leases or when particular premises are not generally sought after. At Emmersons Solicitors we regularly assis out client to negotiate Rent Reviews.

Repairs and Service Charges

Landlords may require tenants to be responsible for all repairs, maintenance and insurance costs. If there is more than one tenant in a building, each tenant usually pays a proportion of the costs through a service charge.

Security of Tenure

If landlords do not exclude certain legal provisions, then they can only require tenants to vacate the premises at the end of the lease by obtaining a Court Order on one of a limited number of grounds.

Selling & Subletting

Unless the lease is very short, a tenant will want to be able to assign (i.e. sell) the lease. However, the landlord may seek to retain the right to reject any new tenant who is unsuitable. References from the new tenant will be sought and the landlord may stipulate that a guarantee be given by a third party. Subletting may be allowed depending on the level of control the landlord requires, but the landlord may have specific stipulations in relation to the sub lessee and the sublease.

If you are looking to buy or sell a Commercial Property, or you require help with a Rent Review or Leases Review look no further than Emmersons Commercial Property Solicitors in Newcastle and Sunderland.


Call us today on to discuss your Commercial Property needs or make an appointment to come and see us at one of our offices.

For a 'Lease Review or Rent Review' speak to our Commercial Property Solicitors.

'Lease Review / Rent Review' - Newcastle:   0191 284 6989

'Lease Review / Rent Review' - Sunderland: 0191 567 6667

Or complete our Online Enquiry Form and select conveyancing


News / Articles

Commercial Property // Accent May 2011

Law Firm hits its goal - commercial lease

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